Marital Standard of Living

Orange County Divorce Specialist-

What is the “marital standard of living”?

The marital standard of living is a general description of the status achieved by a married couple or domestic partnership by the date of separation. The marital standard of living is considered when the court is setting an award of spousal support. If feasibly possible,  the court attempts to maintain the  standard of living each spouse had become accustom to during the marriage or partnership. Thus, the paying spouse may have to support the recipient spouse in a manner he or she had enjoyed during the marriage if the paying spouse can afford to do so. However, often when a marriage or domestic partnership ends, the community is not able to sustain the same standard of living of that during the marriage because after separation there are likely more financial obligations (such as providing two residences instead of one) yet the parties have the same available income.

In determining the standard of living during marriage, the court will look at how the parties lived during the course of the marriage. Accordingly the court may look at: the community’s income, how community income was spent or saved, where the parties lived, drastic financial changes during marriage, the length of the marriage, and so forth.

Maintaining the marital standard of living is just one of the factors the court must consider in determining a spousal support award. Under Family Code Section 4330(a), the court shall consider the extent to which the marital standard of living can still be maintained, along with other factors such as the current ability for the supporting spouse to pay and the needs of the receiving party.

Our experienced spousal support lawyers will help explain your rights and obligations concerning spousal support and will help you navigate through this difficult time. For more information on spousal support, click here, or call our office at (949) 955-9155 to speak with one of our experienced attorneys.